County declares moratorium on CAFOs

The Board of Elmore County Commissioners have declared an emergency moratorium concerning the establishment and expansion of confined animal feeding operations (CAFOs).

On April 25, the commissioners resolved the county will not, for 182 days, accept for processing any applications for new or expanded confined animal feeding operations that exceed 500 animal units in total. Applications will continue to be accepted for new CAFOs that do not exceed 500 animal units or for expansion of existing CAFOs until they reach a total of no more than 500 animal units.

The commissioners are authorized by the Idaho Constitution to enact local regulations to protect the health, safety and sanitation of the public within its jurisdiction. Idaho Code requires each county to comprehensively plan and regulate land use to protect the health safety and general welfare of its residents. The local Land-use Planning Act authorizes an emergency moratorium when an imminent threat to the public health and well-being is perceived by county officials.

The experiences of neighboring counties in southern Idaho concerning large confined animal feeding operations have been characterized by citizen concerns about odors, vectors, groundwater quality and other nuisance factors. Agriculture has traditionally been able to peacefully coexist with its surrounding neighbors, except in an urban context, but the magnitude of newly established and projected CAFO projects is unprecedented in Elmore County history.

The aquifer(s) upon which Elmore County has relied have been shown to be in steady decline and have been the subject of particular legislative attention at the state level that has prompted local involvement with water quantity and quality issues of serious consequence for which there is no current approved plan. Problems of contamination have already been demonstrated in at least 78 Elmore County wells that two state agencies have found to be contaminated with e-coli, nitrates and coliform bacteria.

Plentiful water is an essential ingredient to address waste management for confined animal feeding operations. Groundwater protection is not solely a state function. It is an important component of the land-use planning process that is a legal responsibility of the county. The consequences of waste handling and waste management practices associated with large dairies and feedlots can have lasting significant effect upon the environment, the local economy, the desirability of living in an area or region and upon community institutions that rely on a high quality environment to thrive and prosper.

During the period of the moratorium, 182 days, the board of commissioners seeks the advice of the Planning and Zoning Commission and others with constructive suggestions and recommendations to be included within interim policies and regulations that would govern the development and placement of CAFOs.

The commissioners have scheduled special sessions from 1-5 p.m. on each Monday, May through Oct. 17, when they are not meeting in regular session, to work on the proposed amended confined animal feeding ordinance.

Elmore County adopted its permanent CAFO (confined animal feeding operation) ordinance Oct. 22, 2003, after operating for a number of years under an interim ordinance.

Economic development, including placement and expansion of new and existing dairies and feedlots, is an essential part of the economic future of Elmore County. However, the Board of County Commissioners recognize that such operations may have negative impacts on the quiet use, enjoyment and economic value of neighboring property, and adverse environ-mental consequences.

To minimize those impacts and consequences and allow for economic development, appropriate zoning controls consistent with the Local Land Use Planning Act and the Idaho Right to Farm Act are necessary.

The purpose of the ordinance is to establish an orderly procedure to regulate the placement and construction of Confined Animal Feeding Operations within Elmore County.

"The county does not have the resources or authority to enforce state or federal environmental laws," said the commissioners at that time. "However, it is the intent of the board of commissioners to require all CAFOs operating in Elmore County to obtain and be in compliance with all applicable federal and state environmental standards, to be sited within agriculture zones and meet certain development standards."